smoke from the fire is apparently sending bears from their habitat in the san gabriel mountains. animal control officers have been called out to usher them back. the fire is now 85% contained. it was started saturday by a gardener working in the back yard. >>> the surviving suspect in the boston marathon will face justice and possibly the death penalty in the u.s. court system. he will not be tried as an enemy combatant. the charges were announced just today. >> reporter: gasia, prosecutors say those bombs placed by dzhokhar tsarnaev and his brother at the boston marathon were weapons of mass destruction that caused death. today the city and the nation also took an important step in the healing process. from the streets of boston, to the capitol in washington, people observed a moment of silence at 2:50 p.m. eastern, exactly one week after two bombs killed three and injured more than 180 others near the finish line of the boston marathon. [ bagpipes ] >> reporter: later, the fbi handed control of boylston street back to the city of boston. from his hospital bed, the 19- year-old